LAW Courses
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajesh Kumar (abc)     10 October 2013

Rights of gpa

Hi,

My GrandFather dies in 1994 and in 1992 he wrote a will.

In that will he did not assign any property to my father since he does not  have any faith, instead he gave the power to sell a property(individual house) to his daughters son to sell the property and distribute the money among me and my father.

The person who holds the power to sell the house is not willing to sell the house. Recently my Dad bought a party and signed some documents in Register office and took his share from the party. The party called me up and said to come and collect my share and sign the documents.

My Question here is

Will i Have the right to sell the property when someone else holds the right to sell

Since I am the grandson will i have more power than the person who holds the property to sell.

 

What to do in this case, should i go and sign the documents and take my share ? What if after few years if the person who holds to power puts a case on us. The party who are buying are having high political influence.

 

Kindly suggest in this regard

 



 10 Replies

H. S. Thukral (Lawyer)     11 October 2013

Power of attorney executed by a person extinguishes after his death.  You can not sell the whole property. The property should be partitioned as per Succession Act. You can sell only your undivided share in the property.

T. Kalaiselvan, Advocate (Advocate)     11 October 2013

If the WILL states that you are minor and that in case of the property being sold during your minority, your share of amount to be given to you, now since you have become a major you can object to the disposal of your share in the property by others without your consent, you can also bring in your own party for selling your share of property at the rate fixed by you.  You have full rights over your property and nobody can question it at any point of time.

Rajesh Kumar (abc)     11 October 2013

thanks for your reply.

May be i used the wrong term GPA, In the Will it is written that so and so person has to acquire the property and sell and distribute to us.He is least bothered.

The dad has sold his share and took the money, The party who are buying called me and said to sign and take my share. I too like this deal

My Main concern is as i said the documents of the property are with the person (third person) who has the power to sell and is least bothered and wantedly playing games not to sell.

Can we still sell without the documents since i am the grandson, Not sure how my dad signed at the registration office.

Appreciate your response.

T. Kalaiselvan, Advocate (Advocate)     11 October 2013

If you say that you are least bothered about everything happening around you, then what is your botheration? Why do you worry about the documents and other things once you got the money you wanted.  No one is  a fool to buy a property without document until there isa criminal conspiracy in the deal, so what is your query now?

Rajesh Kumar (abc)     11 October 2013

Correction.

I never said I am lease bothered. The person who holds the right to sell the property is least bothered and he has the documents.

My question is Since I am the grandson, Can we the share holders sell the property without the documents since Grand son will have more power over grand father property.

Advocate Bhartesh goyal (advocate)     11 October 2013

The power of attorney remains in force and  effective till the principal alive or revoke the same .After demise of principal power of attorney automatically comes to end sonow after death of your grand father,holder of power has no roll and can not sell the property.Now property will be divided as per will of your grand father..

T. Kalaiselvan, Advocate (Advocate)     11 October 2013

Phani,

Your legitimate share out of your grandfather's property cannot be sold by anyone without your consent or knowledge, if they are doing so, they are running a risk attracting criminal offence and the punishments thereon.  If you want to sell your share of the property, you can do it by obtaining a certified registration copy of parent deed of the property and the WILL if it is registered.  Nobody will buy a property without proper papers/documents hence you are required to produce the same at the time of selling the same. 

Kishor Mehta (CEO)     11 October 2013

 

Sir,

I understand that your grandfather has appointed an Executor in his Will, if such is the case, then only the Executor has the right to apply for probate to the Court for all the properties of your Grandfather and then distribute the properties as per the terms of the Will.

Under the circumstances, nobody else can part or deal with the properties in any manner whatsoever.

Good Luck

Kishor Mehta

Rajesh Kumar (abc)     12 October 2013

But the executor is not willing to sell the property. He is wantedly making us run behind him for the past 15 years.

In that case as a grandson i will have more power than executor right ?

Kishor Mehta (CEO)     12 October 2013

Sir,

The Executor is duty bound to act according to the terms of the Will after getting Probate from the Court. He has to file his report to the Court every six months about the procedure he has followed in execution of his duties.

You can appeal to the Court, that has granted Probate to the Executor, and inform the Court about his acts of commissions and Omissions in the execution of the probate.

The Court will definitely take punitive measures to help you receive your rightful share of the properties.

Good Luck

Kishor Mehta


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query